v Transdev Sydney Pty Ltd, Great River City Light Rail Pty Ltd

[2024] FWC 2899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australian Rail, Tram and Bus Industry Union

Transdev Sydney Pty Ltd, Great River City Light Rail Pty Ltd

(B2024/1369)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 18 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1160.

This matter concerns the declaration of the result of a protected action ballot PR779082 held in matter B2024/1160 and declared on 23 September 2024.

The Australian Rail, Tram and Bus Industry Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Transdev Sydney Pty Ltd, Great River City Light Rail Pty Ltd has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 18 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union has applied to the Fair Work Commission under section 459(3) of the Fair Work Act 2009 to extend the 30-day period for industrial action authorised by a protected action ballot held in relation to matter B2024/1160. The ballot, PR779082, was declared on 23 September 2024, and the union seeks an extension of this period by a further 30 days. The application is made on behalf of eligible employees who participated in the ballot and are employed by Transdev Sydney Pty Ltd and Great River City Light Rail Pty Ltd. The employers have indicated no objection to the application.

The legal issue before the Fair Work Commission was whether the union's application met the statutory requirements to extend the 30-day period for industrial action. The relevant provision, section 459(3) of the Act, allows for such an extension if the union applies for it and the period has not been previously extended. The union argued that both conditions were satisfied, and the Commission needed to determine if these conditions were indeed fulfilled. Additionally, the Commission had to consider the potential impact of the extension on the parties involved.

The Deputy President of the Fair Work Commission found that the union's application complied with the requirements of section 459(3) of the Act. The union had made the application within the stipulated timeframe, and the 30-day period had not been extended previously. Given that the employers had no objection to the application, the Deputy President was satisfied that the requirements of the Act were met. Consequently, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 18 October 2024.

The final orders of the Fair Work Commission, as made by the Deputy President, are that the 30-day period for the commencement of protected industrial action for eligible employees who participated in the ballot and are employed by Transdev Sydney Pty Ltd and Great River City Light Rail Pty Ltd be extended by an additional 30 days, starting from 18 October 2024. This decision ensures that the union can proceed with its planned industrial action within the extended timeframe, provided it remains compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established